Opinion
4 Div. 484.
April 11, 1939.
Appeal from Circuit Court, Coffee County; W. L. Parks, Judge.
Roger Grimes was convicted of unlawfully possessing prohibited liquors, and he appeals.
Affirmed.
Harry Adams, of Enterprise, for appellant.
The defendant requested the affirmative charge, and for a review of the ruling denying said charge the full testimony should be set out. The bill of exceptions should not be stricken. The burden was upon the State to prove every material allegation of the indictment. Hurt v. State, 23 Ala. App. 369, 125 So. 787. The mere finding of prohibited liquors, with no evidence to connect defendant therewith, is not sufficient to sustain a conviction. Bivens v. State, 27 Ala. App. 304, 171 So. 755.
Thos. S. Lawson, Atty. Gen., and Wm. H. Loeb, Asst. Atty. Gen., for the State.
The bill of exceptions is not in narrative form, but merely a stenographic report in form of question and answer and is a violation of Rule 32 of Circuit Court Practice. It should be stricken.
The bill of exceptions in this case appears to be nothing more than a stenographic report in the form of questions and answers, and is in flagrant violation of Circuit Court Rule 32, and will be stricken on motion. Lucas v. Mays, 2 Ala. App. 497, 56 So. 593.
The motion to strike the bill of exceptions is granted. The judgment is affirmed.
Affirmed.